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SD 426 
.fi5 
1913 
Copy 1 



Revised Jiui. 18, 1913. 



United States Department of Agriculture, 



//,S,F0IIEST SERVICE. 
HENRY S. GRAVES, Forester 



PURCHASE OF LAND UNDER THE WEEKS LAW IN THE 

SOUTHERN APPALACHIAN AND WHITE MOUNTAINS. 



GENERAL INFORMATION. 

The act of Congress ap])rove(l March 1, 191 1 (36 Stat., 961), created 
a National Forest Reservation Commission and authorizes the acqui- 
sition of lands on the watersheds of na-sngable streams for the purpose 
of conserving their navigability. The Secretary of Agriculture is 
authorized and directed to examine, locsite, and recommend to the 
Commission for purchase such lands as in his judgment may be 
necessary to the regulation of the flow of navigable streams, and he 
is authorized to purchase, in the name of the United States, such 
lands as have been approved for purchase by the National Forest 
Reservation Commission at the price or prices fixed by said Commis- 
sion. The full text of the law is to be found on page 11. 

The primary purpose^of this law is to secure the maintenance of 
a perpetual growth of forest on the watersheds of navigable streams 
where such growth will materially aid in preventing 
law^^^°^^ °^ * ^ floods, in improving low waters, in preventing erosion 
of steepi slopes and the silting up of the river chan- 
nels, and thereby improve^the conditions for navigation. 

While the improvement of the flow of na\agable strermis is the 
fundamental purpose, other benefits mcidental in character but never- 
theless important will be kept in view. Among these 
efuT^ ^"*^ ^^' ^r^ (1) protection against disastrous erosion of the soil 
on mountain slopes and against the destruction of the 
soil and soil cover by forest fires ; (2) preservation of water powers, 
since, like navigation, they depend for their value upon the evenness 
of stream flow; (3) preservation of the purity and regularity of flow of 
the mountain streams, with a view to their use for the water supply of 
towns and cities; (4) continuance of a timber supply to meet the 

72401—13 



needs of the industries of the country; (5) preservation of the beauty 
and attractiveness ol the uplands for the recreation and pleasure of 
the people. 

Aside from its application to the watersheds of navigable streams, 

the law is not restricted to particular regions, except 

that lands may be purchased only in the States 
whose legislatures have consented to the acquisition of such lands 
by the United States for the purpose of preserving the navigability 
of streams. The States which have passed such legislation and in 
which purchtises are now contemplated are: Maine, New Hampshire, 
Maryland, Virginia, West Virginia, North Carolina, Tennessee, South 
Carolina, and Georgia. 

The sources of the navigable streams which have their origin iu the 
Rocky Mountains or the mountains nearer the Pacific coast are 
already to a large extent protected by National Forests. The 
Adirondack and Catskill Mountains are protected by the State of 
New York. The Appalachian Mountains, including the White 
Moiuitains, are for the most part without such j)roteetion. Because 
•of their altitude, steepness, and lack of protection they are in a class 
by themselves in their need for the action autliorized under this law, 
and the first lands to be examinetl for purchase will therefore be in 
this region . 

The area needing protection in the Appalachians is very large. It 

is larger than can be purchased with the funds appro- 

What lands priated under this law, and larger than the area which 

a-^ij-Q^ need be acquired, because the region can undoubtedly 

be fully protected and put on a substantial basis of 
timber ])rothiction without the ownership of the entire area by the 
Federal Government. Fortunately conditions within the region 
generally indicate with sufficient clearness what lands the Govern- 
ment should a(;quire. Much difference exists in the character of the 
lands in different parts of the region. Mountains are liigher, slopes 
steeper, rainfall heavier, and the soil more easily waslied in some 
sections than in others. 

In a number of localities where such concUtions prevail with 

marked intensitv, purchase areas have been desig- 

Purchase areas. xim i "ui a ^ -i n 

iiated. IJiese areas are described on pages 6 to 10 

of tills circular. Examinations of lands with a view to purcliase will 

at present be maile only within them. 

The areas which have been so designated contain from 80,000 acres 

to 700,000 acres each. It is not expected in any case that all tlie 

lands within an area will be acquired. Many small bodies of land 

more valuable for agriculture or for other jiurposes than for timber 

growing are include;!. These will not be ])urchased. Furthermore, 

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not all the mountainous nonagricultural land will be required to carry 
out the j)resent plans of the Government. But while it is not nec- 
essary to acquire all of any area in each case where purchase is to be 
made at all, a compact body of sufficient size to justify the employ- 
ment of men for protection and administration must be secured. 
Where only small and isolated tracts can be obtained it will not be 
advisable to undertake purchases. Purchases will not be undertaken 
unless it appears that at least 15,000 or 20,000 acres can be obtained. 

I^ands of the following classes will be considered for purchase wlien 

they lie within a designated area: (1) Timbered 

Classes of land janjs, including both land and timber; or the land, 

with the timber reserved to the owner jmder rules of 

cutting to be agreed upon at the time of sale; (2) cut-over or culled 

lands; (3) brush or burned land not bearing merchantable timber 

in quantity, but covered with a growth of brush which is useful for 

watershed protection, and burned land, whether covered with young 

timber growth or not; (4) abandoned farm land, whether remaining 

cleared or partially covered by timber growth. Good agricultural 

lands will not be considered. 

Where a mine has been developed, or where valuable mmeral 
deposits are known to exist, the right to remove such 
Mineral reser- ^ippj^g^^g may be reserved to the owner, under con- 
ditions to be agreed upon, such conditions to be m- 
corporated in the written instrument of conveyance. Lands, how- 
ever, will not be recommended for purchase subject to mmeral 
reservations where there is no satisfactory evidence of the presence 
of minerals of value, notwithstanding the very general custom in 
many mountam sections of reserving all or a portion of the mineral 
rights merely on the prospect that something valuable may some 
time be discovered. 

Lands lymg within the designated areas can not be recommended 
for purchase unless examination by the United States Geological 
Survey shows that their control will promote or protect the naviga- 
tion of streams on whose watersheds they lie. 

Lands proposed at exorbitant prices will not be considered. The 

, ^ ._, holdino- of land at too high a price in any of the areas 

Lands consid- .„ i ^ p i i ■ 

ered only when will prevent the Government trom undertaking pur- 
offered cheap. chases within it. 

No limitation is put upon the size of tracts to be proposed for sale. 
Proposals will be received for small as well as for 

No restriction larae tracts within the areas designated, but small 

^ract ° ^^^^ ^ tracts can only be exammed when they lie adjacent to 

or near large tracts which are being examined, or 

where the aggregate of all tracts offered for sale is suilicient to justify 

an examination. 



Lands will be purchased oiil}^ on the ])asis of an accurate survey by 

horizontal measurement and at a specified rate per 

Horizontal sur- ji^.y j^ proposal on the basis of a lump-sum price 

for the tract can not be considered. 
The right of any landowner to deal through an agent is, of course, 
recognized. The placing of lands in agents' hands, 
Not necessary however, is usually unnecessary, smcc in most cases 
agent. ^^^^ ^^ agents can give no practical assistance, and the Secre- 
tary of Agriculture, in making purchases, desires to 
deal du'ectly with owners wherever practicable, regardless of the size 
of the tract. Optioned lands will not he considered. 

The hinds purchased by the Government under this law are to be 

iucluded in National Forests. Such Forests will in 

u s e f t h e no way mterfere with hunting and fishing within the 

public.^ ^ ^ areas. The laws of the States m which the Forests 

are located will prevail as at present, and the use of 

the Forests for all reasonal)le purposes, including recreation, will be 

encouraged. 

In general the procedure in making purchases will be as follows: 

(1) The filing of proposal for sale of land by the 

Procedure in owner or owners. 

^ases."^ ^^^^" (2) Examination and appraisal l)y the Forest 

Service. This exammation will usually include a 

careful estimate of wliatever timber is standing upon the tract, an 

estimate of the value of the tract as a whole for the production of 

tmiber, and the determhiation of its importance in regulatmg the 

flow of navigable streams. 

(3) Negotiations with the owner. When an agreement is reached 
as to price and othc^r conditions of sale the owner will be asked to 
give an option on the tract for a sufficient period to allow the National 
Forest Reservation Commission to consider and take action upon it. 
The owner is also requested to submit an abstract of title. AVhere 
an abstract has not previously been prepared, this may, however, be 
delayed until after approval of purchase by the Commission. 

(4) Approval of lands for purchase and the fixmg of the price to 
be paid for them by the National Forest Reservation Commission. 
Approval for purchase is given only after recommendation has been 
made by the Secretary of Agriculture on the basis of the field exami- 
nations and a tentative agreement as to terms. 

(5) Execution of purchase contract. 

(6) Examination of title and boundary survey. 

(7) Initiation of condemnation proceedings when necessary. 

(8) Actual conveyance of the title of the land by the owner to the 
Government and payment theiefor. 



It will be noted by reference to section 8 of the Weeks Law (p. 11) 
that " * * * no payment shall be made for any 

Use of con- lands until the title shall be satisfactory to the Attor- 
ceed^ngs"" '^^°~ ^^^J General * * *." Under this requirement 
only legally safe titles can be accepted for purchase. 
Several classes of titles usually considered merchantable and sufli- 
cientty good for ordmary commercial purposes are not considered 
sufhciently safe within the meanmg of this law by the Attorney 
General, and titles not approved by the Attorney General can only 
be acquired by the Government through the right of emment domain. 
As a general rule condemnation proccedmgs under this right will be 
undertaken by the Government only with the assent of the claimants 
to or the apparent owners of the major title and where an agreement 
with them as to the value of the lands to be acquired has been reached. 

In case the lands desired are to be acquired through the right of 
eminent domain the general procedure is for the Government, through 
the Department of Justice, to institute condemnation proceedings 
for its acquirement in the Federal court of the district in which such 
land is situated. Commissioners are appointed by the court to 
appraise the value of the land and upon rendition b}^ them to the 
court of report and award, and the issuance by the court of an order 
for payment of awards, the United States deposits into the registry 
of the court the amount of commissioners' awards, which amount, 
upon confirmation of the report and awards, is distributed by order 
and under the supervision of the court. An appeal from the award 
of the commissioners is generally available to the claimant, and such 
appeals are heard before a Federal court. 

The time required for condemnation proceedmgs varies, dependent 
on the size of the tract under condemnation, the number of parties 
in interest, and the rapidity with which the appraisal by commis- 
sioners and confirmation by the court can be had. It is probable that 
from six months to a year will be required. The cost of the procedure 
is borne by the United States, the owners of the lands being required 
to incur only such expense as may be necessary to establish their 
interests in the lands and their right to consideration in the distribu- 
tion of the award. 

PROPOSALS INVITED. 

The areas roughly designated in the following descriptions are those 
within which proposals are at present invited. Lands chiefly valuable 
for agriculture are not desired, and where such lands occur witliin the 
areas described they Avill not be recommended for purchase, unless 
they occur in such small scattered areas that their exclusion would 
be impracticable. A blank form and an official envelope to be used 
in making proposals of land may be liad on application to the Forester, 



Forest Service, Washington, D. C. The blank should be accurately 
and fully filled out and mailed, securely sealed, in the envelope. If 
possible a map showing the boundaries and location of the tract 
sliould be submitted with the proposal. 

PURCHASE AREAS. 
WHITE MOUNTAIN AREA, NEW HAMPSHIRE AND MAINE. 

Lands in New Plamj^shire situated in Coos County, on the Carter- 
]\ioriah Range of Mountains in the townships of Shelburne and Gor- 
ham, on the Presidential Range in the townships of Gorham and 
Randolph, on Cherry Mountain and the Dartmouth Range in the 
township of Carroll, in the Low and Burbank Grant, Thompson and 
Meserve Purchase, Bean Pin"chase, Martin Location, Green Grant, 
Pinkham Grant, Bean Grant, Crawford Purchase, Chandler Purchase, 
Cutts Grant, Sargent Purchase, and Hadley Purchase; lands in Graf- 
ton County on the Franconia Range of Mountains, the Little River 
Mountains, and the Rosebrook Mountains in tlie township of Bethle- 
hem, the Franconia Range of Mountains in the townships of Franconia 
and Easton, on Mount Moosilauke, Mount Kineo, and Mount Carr, in 
the towaiship of Warren, on Mount Carr in the townships of Weiit- 
worth and Rumney, and Black Hill and Mount Kineo in the township 
of Ellsworth; lands above an altitude of 1,000 feet in the township of 
Woodstock; lands east of the Pemigewasset River in the township of 
Tliornton; and lands in the townships of Benton, Waterville, Lincoln, 
and Livermore; lands in Carroll County, above an elevation of 1,000 
feet in the townships of Chatham, Jackson, Bartlett, and Albany, and 
on the Sandwicli Range of Mountains in the township of Sandwich; 
and lands in Maine situated in Oxford County in Batcheldors Grant. 

ANDROSCOGGIN AREA, NEW HAMPSHIRE AND MAINE. 

Lands in New Hampshire situated in Coos County, ijicludiiig the 
northern portion of the town of Shelburne, the northeastern portion 
of the town of Gorham, the southeastern portion of Berlin, the entire 
town of Success, the northeastern portion of Milan, and the south- 
eastern portion of the town of Cambridge; lands in Maine situated 
in Oxford Comity, includmg the northern portion of the town of 
(lilead, all of the town of Riley with the exception of the farming 
lands in the northeastern portion, lands on Black Alountain, Sunday 
River, White Cap and Great Ledge in the town of Newry, the south- 
ern portion of the town of Grafton, the southern portion of Andover 
West Surplus, and lands on Long Mountain aiid adjacent slopes in 
the town of Andover. 



KILKENNY AREA, NEW HAMPSHIRE. 

Lands in New Hampshire situated in Coos County, including the 
northern portion of the town of Randolph, the northeastern portion 
of the town of Jefferson, all of the town of Kilkenny, a small part of 
the eastern portion of the town of Lancaster, that portion of the 
town of Stark lying south of the upper Ammonoosuc River and the 
Grand Trunk Railway, the western portion of the town of Milan, 
the western half of the town of Berlin, and the northwestern part of 
the to^v^l of Gorham. 

YOTJGHIOGHENY AREA, MARYLAND. 

Lands in Maryland situated in Garrett County on the main water- 
shed of the Yougliiogheny River between the towns of Oakland and 
Friendsville, west of Hooppole Ridge and Negro Mountain. 

POTOMAC AREA, VIRGINIA AND WEST VIRGINIA. 

Lands in Virginia situated in Frederick County, south of Duck 
Run and west of Star Tannery and Gravel Spring: in Shenandoah 
County, west of Fetzer Gap, Columbia Furnace, Liberty Furnace, 
and Orkney Springs; lands in West Virginia situated hi Hardy 
County, east of Lost River and south of Wardejisville and along the 
Great North Mountain to the county line between Hardy and Hamp- 
shire Counties ; hi Hampshire County, on the Great North Mountain 
south of the road from Star Tannery, Va., to Capon Springs, W. Va. 

SHENANDOAH AREA, VIRGINIA AND WEST VIRGINIA. 

Lands in Virginia situated in Rockingham County, south of Doves- 
ville and west of Fulks Run, Little Mountain, and Rawley Springs; 
in Augusta County, west of Sangerville, Stribling Springs, and Calf 
Pasture River; in Rockbridge County, west of the Calf Pasture River 
and north of Mill Mountain; in Bath County east of the Cow Pasture 
River; in Highland County, east of Cow Pasture River and Shaws 
Fork; lands in West Virginia situated in Pendleton County, east of 
Brushy Run and the South Fork of the Potomac. 

MONONGAHELA AREA, WEST VIRGINIA. 

Lands in West Vhginia situated in Preston County and included in 
the Cheat River watershed south of Rowlesburg; hi Tucker County; 
in Randolph County east of Muigo Flat, Huttonsville, Beverly^ 
Elkms, and New Interest; in northern Pocahontas County on the 
upper waterslied (^f Shavers Fork of Cheat River. 

MASSANUTTEN AREA, VIRGINIA. 

Lands in Virginia situated in Rockmgham, Shenandoah, Warivn, 
and Page Counties, between the North and South Forks of Shenan- 
doah River, comprising in general Massanutten Mountam north of 
McGaheysvilla post oflice and south of Waterlick post office. 



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NATURAL BRIDGE AREA, VIRGINIA. 

Lands in Vii-ginia situated in northern Bedford County on the 
Bhie Ridge and outlying mountains; in Botetourt County east of 
Buchanan and south of the James Riyer; in Rockbridge County 
south of the James River. 

WHITE TOP AREA, TENNESSEE AND VIRGINIA. 

Lands in Tennessee situated in SuUiyan, Johnson, and Carter 
Counties; and lands in Virginia situated in Washington, Smyth, 
Grayson, and Wythe Counties, and comprising the mam ranges of 
the Iron and Hols ton Mountains. 

YADKIN AREA, NORTH CAROLINA. 

Lands in Nortii Carolma situated in Wilkes, Caldwell, and Watauga 
Counties, on streams flowing into the Yadkin Riyer from the north, 
and lying west of the post ofhces of Elkyille, Readybranch, Purlear, 
Mulberry, and Halls Mills. 

MOUNT MITCHELL AREA, NORTH CAROLINA. 

liands in North Carolina situated in Buncombe County on the 
Great Craggy Mountains ; in Yancey County on the Black Mountains 
and South Toe Riyer watershed'south of the post office of MicayUie; 
in McDowell Coimty nortli of tl» main branch of the Catawba River 
and west of the road from Tom Creek to Gillespie Gap; and in south- 
western Mitchell (^ounty south of Brush Creek and west of Mica post 
office. I 

SMOKY MOUNTAIN AREA, NORTH CAROLINA AND TENNESSEE. 

Lands in North Carolina situated in Haywood C^ounty north and 
west of Jonathan Creek and west of Pigeon River below the mouth 
of Jonathan Creek; in Swain County north of the Little Tennessee 
and Tuckaseigee Rivers; lands in Tennessee situated in Cocke County 
south of Denny Mountain and the Big Pigeon River; in Sevier County 
south of Chestnut Ridge, Cove Mountain, Wear Cove, and Chilhowee 
Mountam; and in Blount County south and east of Chilhowee Moun- 
tain and Al)ram (^reek. 

PISC-AH AREA, NORTH CAROLINA. 

Lands in North Carolina situated in Jackson County north of Little 
Hogback Mountain, Laurel Mountain, Sheep Clifi', and Shortoff 
Mountain, and east of Buck Knob, East Laport ])ost office, and 
Carver Mountain, and south of the Asheville & Murphy Branch of 
the Southern Railroad; in Haywood County south of Pinnacle Knob, 
Snaggy Ridge, and the post offices of Three Forks, Cecil, Retreat, and 
Cruso; in Buricomb-? County soutli t)i Dunsmore post office and 



9 

Stony Knob; in Henderson County west of Seniard Mountain and 
Buck Knob; and in Transylvania County north of the Henderson- 
ville & Lake Toxaway Branch of the Southern Railroad and Lake 
Toxaway. 

NANTAHALA AREA, NORTH, CAROLINA, TENNESSEE, AND 

GEORGIA. 

Lands in North Carolina situated in Swain County west of Little 
Tennessee River; in Macon County on the Nantahala Mountains and 
the watershed of the Nantahala River; in Clay County on Valley 
River Mountains, Tusquitee Mountain, Vineyard Mountain, and 
Chunky Gal Mountain; in Cherokee County on Valley River Moun- 
tains, Snowbird Mountains, and LTnaka Mountains; in Graham 
County south of the Little Tennessee River; lands in Tennessee sit- 
uated in Monroe County south and east of Salt Spring Mountain and 
Sassafras Mountain, and on the watershed of Tellico River above the 
mouth of Wild Cat Creek; lands in Georgia situated in Rabun 
County on the watershed of Betty Creek. 

BOONE AREA, NORTH CAROLINA. 

Lands in North Carolina situated in McDowell County, on the 
watershed of the North Fork of the Catawba River north of Bald 
Mountain and Bald Knob and east of the road from Tom Creek to 
Gillespie Gap ; in Mitchell County between Brushy and Rose Creeks, 
and north of the post office of Saginaw and east of Sugar Mountain; 
in Burke County, on the watershed of Linville River, Table Rock 
Creek, Steel Creek, and Upper Creek from the Mitchell County line 
south to the foothills; in Watauga County, on the watershed of the 
Watauga River from Hanging Rock to the Yonahlassee Road; in 
Caldwell County, on the watershed of Johns River west of the road 
from Lenoir to Blowing Rock and north of the road fr,)m Patterson 
to Joy. 

UNAKA AREA, TENNESSEE AND NORTH CAROLINA. 

Lands in Tennessee situated in Carter County, on the watershed of 
the WataHga River west of Elk Creek, and on the watershed of Doe 
River south of Valley Forge; in Unicoi County, on the watershed of 
the Nolichucky River; in Washington County, on the watershed of the 
Nolichucky River, from the foothills of the mountains to the Unicoi 
County line ; in Greene County, on the watershed of the Nolichucky 
and French Broad Rivers, from the foothills to the North Carolina- 
Tennessee State hne and south of Hayesville and Cove Creek; lands 
in North Carolina situated in Madison County on the watershed of 
the French Broad River w^est of the road from Stackhouse to Allen 
Stand, north of Big Laurel Creek from Big Laurel to Windy Gap; in 



10 

Yancey County, <>n the watershed of the Toe River north and west 
from Bald Creek and Cane River ; in Mitchell County, on the watershed 
of Toe River north of the road from Huntdale to Glen Ayre. 

CHEROKEE AREA, TENNESSEE. 

Lands in Tennessee situated in Monroe County, comprising Star 
Mountain, Cotaska Mountain, and Tellico Mountain; in McMinn 
County on the west slope of Starr Mountain; in Polk County, east of 
Wetmore, Benton, Parkesville. and Conesauga and west of the 
Louisville & Nashville Railroad between Copperhill and Hiwassee 
Station. 

SAVANNAH AREA, GEORGIA, SOUTH CAROLINA, AND NORTH 

CAROLINA. 

Lands in Georgia situated in Rabun County on the watershed of 
the Chattooga River, lying east of Diilard and Screamer Mountain, 
south of Rainy Mountain, and east of Tallulah Falls, and lands on 
the watershed of Little Tennessee River on the headwaters of Mud 
and Mill Creeks; lands in South Carolina situated in Oconee County 
on the watersheds of the Chattooga and Cliauga Rivers, including 
Chattooga Ridge, Pine Mountain, Longnose Mountain, Rich Moun- 
tain, and Poor ^Mountain, and lying west of Tomassee Knob and south 
of Persimmon Mountain; in Pickens County on the watershed of 
Keowee River, north of the mouth of Toxaway River, and west of 
Horse Mountain, Rocky Mountain, and Indian Camp Mountain; lands 
in North Carolina situated in Transylvania County, on the Savannah 
River watershed; in Jackson Coimty, on the watersheds of Horse- 
pasture and Chattooga Rivers; in ]\facon County, on the watershed 
of the Cullasagee River east of Cullasagec, and on the watershed of 
Little Tennessee River east of Otto. 

GEORGIA AREA, GEORGIA AND NORTH CAROLINA. 

Lands in Georgia situated in Rabun County on the watershed of 
Tallulah River, Avest of Keener Gap and Tiger Mountain, and north 
of Pigeon Mountain : in Habersham County, on the watershed of the 
Sogue River, north of Seed post office and Yellow ]\Ioijntain; in 
White County, on the watershed of the Chattahoochie River, north 
of Grimes Nose and Loudsville post ofP-ce; in Lumpkin County, on 
the watershed of the Chestatec River, north of Buzzards Mountain 
and Cedar Mountain; in Fannin and Gilmer Counties, on the water- 
shed of Toccoa River nortli of Springer Mountain, east of Double- 
head Gap, Stock Hill, Skeenah, and Wilscot, in Union County, on the 
watershed of the Toccoa antl Nottely Rivers, south of Skeenah Gap, 
Hicks Ga]), and Reed Mountain, and east of Blairsville, including 
Ivvlog and Ciumlog Minmtains; in Towns Count v, on the watershed 



11 

of the Hiwassee Kiver, sc^uth of (TUinlog, Brasstown Gap, and ()si)(irn. 
and east of Hunt; lands in Xortli Carolina situated in Clay County, 
on the watershed of Tallulali River and lands lying south of Sliooting 
Creek. 

WEEKS LAW. 
Act of March 1, 19n (36 Stat., 901). 

AN ACT To enable any State to cooperate with any other State or States, or with the United States, 
for the protection of the watersheds of navigable streams, and to appoint a commission for the acquisition 
of lands for the purpose of conserving the navigability of navigable rivers. 

Be it enacted by the Senate and House of Representatives of the United States of America 
in Congress assembled, That the consent of the Congress of the United States is hereby 
given to each of the several States of the Union to enter into any agreement or com- 
pact, not in conflict with any law of the United States, with any other State or States 
for the purpose of conserving the forests and the water supply of the States entering 
into such agreement or compact. 

Sec. 2. That the sum of two hundred thousand dollars is hereby appropriated and 
made available until expended, out of any moneys in the National Treasury not 
otherwise appropriated, to enable the Secretary of Agriculture to cooperate with any 
State or group of Slates, when requested to do so, in the protection from fire of the 
forested watersheds of navigable streams; and the Secretary of Agriculture is hereby 
authorized, and on such conditions as he deems wise, to stipulate and agree with any 
State or group of States to cooperate in tJie organization and maintenance of a system 
of fire protection on any private or State forest lands within such State or States and 
situated upon the watershed of a navigable river: Provided, That no such stipulation 
or agreement shall be made with any State which has not provided by law for a sys- 
tem of forest-fire protection: Provided further, That in no case shall the amount expended 
in any State exceed in any fiscal year the amount appropriated ))y that State for the 
same purpose during the same fiscal year. 

Sec. 3. That there is hereby appropriated, for the fiscal year ending June thiriieth, 
nineteen hundred and ten, the sum of one million dollars, and for each fiscal year 
thereafter a sum not to exceed two million dollars for use in the examination, survey, 
and acquirement of lands located on the headwaters of navigable streams or those 
which are being or which may be developed for navigable purposes: Provided, That 
the provisions of this section shall expire by limitation on the thirtieth day of June, 
nineteen hundred and fifteen. 

Sec. 4. That a commission, to be known as the National Forest Reservation Com- 
mission, consisting of the Secretary of War, the Secretary of the Interior, the Secretary 
of Agriculture, and two members of the Senate, to be selected l>y the President of the 
Senate, and two members of the House of Representatives, to be selected by the 
Speaker, is hereby created and authorized to consider and pass upon such lands as may 
be recommended for purchase as provided in section six of this Act, and to fix the price 
or prices at which such lands may be purchased, and no purchases shall be made of 
any lands until such lands have been duly approved for purchase by said commission: 
Provided, That the members of the commission herein created shall serve as such 
only during their incumbency in their respective official positions, and any vacancy 
on the commission shall be filled in the manner as the original appointment . 

Sec. 5. That the commission hereby appointed shall, through its president, aniiually 
report to Congress, not later than the first Monday in December, the operations and 
expenditures of the commission, in detail, during the preceding fiscal year. 

Sec. 6. That the Secretary of Agriculture is hereby authorized and directed to 
examine, locate, and recommend for purchase such lands as in his judgment may be 



12 

necessary to the regulation of the flow of navigable streams, and to report to the National 
Forest Reservation Commission the results of such examinations: Provided, That 
before any lands are purchased by the National Forest Reservation Commission said 
lands shall be examined ])y the Geological Survey and a report made to the Secretary 
of Agricultiu-e, showing that the control of such lands will promote or protect the 
navigation of streams on whose watersheds they lie . 

Sec. 7. That the Secretary of Agriculture is hereby authorized to purchase, in the 
name of the United States, such lands as have been approved for purchase by the 
National Forest Reservation Commission at the price or prices fixed by said commis- 
sion: Provided, That no deed or other instrument of conveyance shall be accepted or 
approved by the Secretary of Agriculture under this Act until the legislature of the 
State in which the land lies shall have consented to the acquisition of such land by 
the United States for the purpose of preserving the navigability of navigable streams. 

Sec. 8. That the Secretary of Agriculture may do all things necessary to secure the 
safe title in the United States to the lands to be acquired under this Act, but no pay- 
ment shall be made for any such lands until the title shall be satisfactory to the 
Attorney-General and shall be vested in the United States. 

Sec. 9. That such acquisition may in any case be conditioned upon the excei^tiou 
and reservation to the owner from whom title passes to the United States of the min- 
erals and of the merchantable timber, or either or any part of them, within or upon 
such lands at the date of the conveyance, but in every case such exception and reser- 
vation and the time within which such timber shall be removed and the rules and 
regulations under Avhich the cutting and removal of such timber and the mining and 
removal of such minerals shall be done shall be expressed in the written instrument 
of conveyance, and thereafter the mining, cutting, and removal of the minerals and 
timljer so excepted and reserved shall be done only under and in obedience to the 
rules and regulations so expressed. 

Sec 10. That inasmuch as small areas of land chiefly valuable for agriculture may 
of necessity or by inadvertence be included in tracts acquired under this Act, the 
Secretary of Agriculture may, in his discretion, and he is hereby authorized, upon 
application or otherwise, to examine and ascertain the location and extent of such 
areas as in his opinion may be occupied for agricultural purposes without injury to 
the forests or to stream flow and which are not needed for public purj^oses, and may 
list and describe the same by metes and bounds, or otherwise, and offer them for sale 
as homesteads at their true value, to be fixed by him, to actual settlers, in tracts not 
exceeding eighty acres in area, under such joint rules and regulations as the Secretary 
of Agricniltiu'e and the Secretary of the Interior may prescribe; and in case of such 
sale the jurisdiction over the lands sold shall, ipso facto, revert to the State in which 
the lands sold lie. And no right, title, interest, or claim in or to any lands acquired 
imder this Act, or the waters thereon, or the products, resources, or use thereof after 
such lands shall have been so acquired, shall l^e initiated or perfected, except as in 
this section provided. 

Sec 11. That, subject to the provisions of the last preceding section, the lands 
acquired under this Act shall be permanently reserved, held, and administered as 
national forest lands under the provisions of section twenty-four of the Act approved 
March third, eighteen hundred and ninety-one (volume twenty-six, Statutes at 
Large, page eleven hundred and three), and Acts sui^plemental to and amendatory 
thereof. And the Secretary of Agriculture may from time to time divide the lands 
acquired under this Act into such specific national forests and so designate the same 
as he may deem best for administrative purposes. 

Sec 12. That the jurisdiction, both civil and criminal, over persons upon the 
lands acquired imder this act shall not be affected or changed by their perm^anent 
reiervation and administration as national forest lands, except so far as the punish- 



13 

meat of offenses against the United States is concerned, the intent and meaning of 
this section being that the State wherein such land is situated shall not, by reason of 
such reserv^ation and administration, lose its jurisdiction nor the inhabitants thereof 
their rights and privileges as citizens or be absolved from their duties as citizens of 
the State. 

Sec. 13. That five per centum of all moneys received during any fiscal year from 
each national forest into which the lands acquired under this act may from time to 
time be divided shall be paid, at the end of such year, by the Secretary of the Treasury 
to the State in which such national forest is situated, to be expended as the State 
legislature may prescribe for the benefit of the public schools and public roads of the 
county or counties in which such national forest is situated: Provided, That when any 
national forest is in more than one State or county the distributive share to each from 
the proceeds of such forest shall be proportional to its area therein: Provided further. 
That there shall not be paid to any State for any county an amount equal to more than 
forty per centum of the total income of such county from all other sources. 

Sec. 14. That a sum sufficient to pay the necessary expenses of the commission 
and its members, not to exceed an annual expenditure of twenty-five thousand 
dollars, is hereby appropriated out of any money in the Treasury not otherwise appro- 
priated. Said appropriation shall be immediately available, and shall be paid out 
on the audit and order of the president of the said commission, which audit and order 
shall be conclusive and binding upon all departments as to the correctness of the 
accounts of said commission. 

Approved, March 1, 1911. 

Amendment of August 10, 1912 (37 Stat., 300). 

And in order to carry out the purposes mentioned in section three of the Act of March 
first, nineteen hundred and eleven, entitled "An act to enable any State to cooperate 
with any other State or States, or with the United States, for the protection of the 
watersheds of navigable streams, and to appoint a commission for the acquisition of 
lands for the purpose of conserving the navigability of navigable rivers," there ie 
hereby appropriated and made available until expended so much of the maximum 
sums mentioned in said section for the fiscal years nineteen hundred and twelve to 
nineteen hundred and fifteen, inclusive, as shall remain unexpended at the close of 
each of said fiscal years. 

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